- 37 - For the taxable years under consideration, section 446(b) generally outlined the methods of accounting for Federal tax purposes, but it did not specifically address whether taxpayers could use CCM. Section 1.451-3, Income Tax Regs., however, specifically permitted the reporting of income and expenses from long-term contracts using CCM. Petitioner selected CCM and is afforded some latitude in selecting a method of accounting. Section 1.446-1(a)(2), Income Tax Regs., provides: It is recognized that no uniform method of accounting can be prescribed for all taxpayers. Each taxpayer shall adopt such forms and systems as are, in his judgment, best suited to his needs. * * * Respondent does not question petitioner’s selection of CCM, but determined that Contract 2034 should be severed into four annualized reportable portions. Rules governing severance and aggregation of long-term contracts were promulgated by the Secretary and set forth in section 1.451-3(e)(1), Income Tax Regs.10 That regulation generally provides: 10 These regulations were modified pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97- 248, 96 Stat. 324. Sec. 229 of that Act was titled “Modification of Regulations on the Completed Contract Method of Accounting”, and directed the Treasury to amend the regulations governing CCM to clarify, among other things, the rules governing severance and aggregation of long-term contracts: SEC. 229(a). In General.--The Secretary of the Treasury shall modify the income tax regulations relating to accounting for long-term contracts to-- (1) clarify the time at which a contract is to be considered completed, (2) clarify when-- (A) one agreement will be treated as (continued...)Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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